[Federal Register Volume 62, Number 214 (Wednesday, November 5, 1997)]
[Notices]
[Pages 59892-59894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29189]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification

    The following parties have filed petitions to modify the 
application of mandatory safety standards under section 101(c) of the 
Federal Mine Safety and Health Act of 1977.

1. McElroy Coal Company

[Docket No. M-97-112-C]

    McElroy Coal Company, Consol Plaza, 1800 Washington Road, 
Pittsburgh, Pennsylvania 15241-1421 has filed a petition to modify the 
application of 30 CFR 75.312(d) (main mine fan examinations and 
records) to its McElroy Mine (I.D. No. 46-01437) located in Marshall 
County, West Virginia. The petitioner requests a variance to permit the 
testing of the function of an automatic closing door without stopping 
the fan. The petitioner proposes to test the operation of the fan 
closing door at least every 31 days, by rotating the test frame outward 
from its normal resting position until it contacts the flow reversal 
prevention door, by rotating the test frame in order to test the 
function of the bearings supporting the flow reversal prevention door, 
and to have the persons conducting the test visually observe the 
movement of the test frame and the contact between the test frame and 
the flow reversal prevention door, and to visually observe the general 
maintenance of the approved design. The petitioner asserts that the 
proposed alternative method would provide at least the same

[[Page 59893]]

measure of protection as would the mandatory standard.

2. Freeman United Coal Mining Company

[Docket No. M-97-113-C]

    Freeman United Coal Mining Company, 1999 Wabash Avenue, Suite 200B, 
Springfield, Illinois 62704-5364 has filed a petition to modify the 
application of 30 CFR 75.332 (working sections and working places) to 
its Crown II Mine (I.D. No. 11-02236) located in Macoupin County, 
Illinois. The petitioner requests a variance to allow one continuous 
miner on a super section to cleanup the previously mined working face 
while the other continuous miner starts to cut and load coal from 
another working face on the same working section, on the same split of 
air. The petitioner asserts that the proposed alternative method would 
provide at least the same measure of protection as would the mandatory 
standard.

3. Roberts Bros. Coal Co., Inc.

[Docket No. M-97-114-C]

    Roberts Bros. Coal Co., Inc., P.O. Box 397, Mortons Gap, Kentucky 
42440 filed a petition to modify the application of 30 CFR 75.503 
(preshift examination) to its Cardinal # 2 Underground Mine (I.D. No. 
15-17216) located in Hopkins County, Kentucky. The petitioner proposes 
to use a spring-loaded device with specific fastening characteristics 
instead of a padlock to secure plugs and electrical type connectors to 
batteries and to the permissible mobile powered equipment, to prevent 
accidental separation of the battery plugs from their receptacles 
during normal operation of the battery equipment. The petitioner 
asserts that in the event of a battery fire, the spring-loaded device 
can be disconnected much faster and safer than a padlock; and that 
application of the mandatory standard would result in a diminution of 
safety to the miners. In addition, the petitioner asserts that the 
proposed alternative method would provide at least the same measure of 
protection as would the mandatory standard.

4. BJM Coal Company

[Docket No. M-97-115-C and M-97-116-C]

    BJM Coal Company, 158 Turnpike Road, Summersville, West Virginia 
26651 has filed a petition to modify the application of 30 CFR 75.503 
(permissible electric face equipment; maintenance) to its Camp Creek 
Deep Mine (I.D. No. 46-08288), and its No. 9B Mine (I.D. No. 46-08284) 
both located in Webster County, West Virginia. The petitioner requests 
a variance to allow the use of a spring-loaded locking device instead 
of padlocks to secure battery plugs to machine mounted receptacles 
which would prevent the threaded lock ring on a plug from turning and 
coming loose unintentionally. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as would the mandatory standard.

5. Cobre Mining Company

[Docket No. M-97-06-M]

    Cobre Mining Company, P.O. Box 424, Hanover, New Mexico 88041 has 
filed a petition to modify the application of 30 CFR 57.11055 (inclined 
escapeways) to its Continental Underground Complex (I.D. No. 29-00233) 
located in Grant County, New Mexico. The petitioner proposes to modify 
a distance of 326 feet in the #2 Shaft between the 1000 foot level and 
the 1300 foot level to provide a secondary escapeway. An interim level 
at the 1200 foot level of the #2 Shaft would break the portion of the 
escapeway into 200 feet and 126 feet portions, which would be well 
under the 300 foot limit. The petitioner requests a variance to allow 
326 feet of vertical extent versus 300 feet, or a decision that the 
1200 foot level of the #2 Shaft portions the 326 feet into smaller, 
legal portions. The petitioner asserts that the proposed alternative 
method would provide at least the same measure of protection as would 
the mandatory standard.

6. Stillwater Mining Company

[Docket No. M-97-07-M]

    Stillwater Mining Company, HC 54, Box 365, Nye, Montana 59061 has 
filed a petition to modify the application of 30 CFR 57.14107(a) 
(moving machine parts) to its Stillwater Mine (I.D. No. 24-01490) 
located in Stillwater County, Montana. The petitioner proposes to fence 
around the magnetic belt located on the end of the feed conveyor of the 
3100 level crusher station to prevent persons from coming into direct 
contact with the belt pulleys or the flying tramp iron ejected from the 
conveyor; to post signs for use by ``Authorized Personnel Only'', and 
only such persons would be allowed to enter the area when the belt is 
locked out. The petitioner states that it proposed alternative method 
would not cause a diminution of the safety to the operators. In 
addition, petitioner asserts that the proposed alternative method would 
provide at least the same measure of protection as would the mandatory 
standard.

7. Morton International, Inc.

[Docket No. M-97-08-M]

    Morton International, Inc., P.O. Box 1496, New Iberia, Louisiana 
70562-1496 has filed a petition to modify the application of 30 CFR 
57.11050 (escapeways and refuges) to its Weeks Island Mine (I.D. No. 
16-00970) located in Iberia County, Louisiana. The petitioner proposes 
to use a man cage where personnel are transported through the service 
shaft during a mine evacuation and through the production shaft on 
inserts placed in the production skips during secondary evacuation. The 
petitioner proposes to extend the concrete liner within the service 
shaft and the concrete liner within the production shaft upon 
completion of the service shaft to provide additional safety; to stop 
all work and evacuate the mine if either escapeway becomes disabled for 
more than one hour during shaft construction and resume work when both 
escapeways become available; to install an underground refuge chamber 
in the main intake airway at the 1200 Level shaft station for 
additional evacuation protection. The petitioner states that the refuge 
chamber would be large enough to accommodate at least ten persons and 
would be reachable from any mine workplace within thirty minutes; that 
the entire 1200 Level shaft station would be isolated from exhaust air 
by closing the ventilation doors if necessary; and that backup power 
source would be on the surface for mine ventilation in the event of 
incoming utility power loss. The petitioner asserts that application of 
the mandatory standard would result in a diminution of safety to the 
miners. In addition, the petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as would the mandatory standard.

8. Morton International, Inc. and Miners, Inc.

[Docket No. M-97-09-M]

    Morton International, Inc., and Miners, Inc., P.O. Box 1496, New 
Iberia, Louisiana 70562-1496 has filed a petition to modify the 
application of 30 CFR 57.11050 (escapeways and refuges) to its Markel 
Mine (I.D. No.16-00512) located in Iberia County, Louisiana. Miners, 
Inc., is an independent contractor (MSHA I.D. No. M2C), performing work 
in the abandoned Markel Mine, owned by Morton Salt. The petitioners, 
Morton Salt and Miners, Inc., request a variance to allow a 6-foot wide 
secondary escapeway in the center of the Diamond Drift of the mine; a 
barricade consisting of \1/8\ inch

[[Page 59894]]

diameter steel cable and suspended on steel posts on each side of the 
travelway to mark the route; and ``Keep Out'' signs to be posted on the 
boundary of the 6-foot wide escapeway every 250 feet along the 
travelway. The petitioner asserts that the proposed alternative method 
would provide at least the same measure of protection as would the 
mandatory standard.

9. North American Salt Company

[Docket No. M-97-10-M]

    North American Salt Company, P.O. Box 10, Lydia, Louisiana 70569 
has filed a petition to modify the application of 30 CFR 57.15031 
(location of self-rescue devices) to its Cote Blanche Underground Salt 
Mine (I.D. No. 16-00358) located in St. Mary County, Louisiana. The 
petitioner requests a variance to allow supplies of self-rescue devices 
to be stored underground in strategic locations and readily accessible 
to the miners. The petitioner asserts that the proposed alternative 
method would provide at least the same measure of protection as would 
the mandatory standard.

10. ZCA Mines, Inc.

[Docket No. M-97-11-M]

    ZCA Mines, Inc., P.O. Box 226, Hailesboro, New York 13645 has filed 
a petition to modify the application of 30 CFR 57.11050 (escapeways and 
refuges) to its Balmat Mine No. 4 (I.D. No. 30-01185) located in St. 
Lawrence County, New York. The petitioner requests a variance to allow 
the underground employees to report to the refuge chamber when one of 
the hoist becomes inoperable for more than one hour instead of 
evacuating the mine. The petitioner states that the No. 4 Mine 
personnel can evacuate from the hoisting facility at the No. 4 Mine and 
the No. 2 Mine. The petitioner asserts that the proposed alternative 
method would provide at least the same measure of protection as would 
the mandatory standard.

11. North American Salt Company

[Docket No. M-97-12-M]

    North American Salt Company, P.O. Box 10, Lydia, Louisiana 70569 
has filed a petition to modify the application of 30 CFR 57.22603 
(blasting from the surface II-A mines) to its Cote Blanche Underground 
Salt Mine (I.D. No. 16-00358) located in St. Mary County, Louisiana. 
The petitioner requests a modification of the mandatory standard to 
allow specially prepared and limited shots of a shaft segment to be 
taken while men are underground. The petitioner asserts that the 
proposed alternative method would provide at least the same measure of 
protection as would the mandatory standard.

Request for Comments

    Persons interested in these petitions may furnish written comments. 
These comments must be filed with the Office of Standards, Regulations, 
and Variances, Mine Safety and Health Administration, Room 627, 4015 
Wilson Boulevard, Arlington, Virginia 22203. All comments must be 
postmarked or received in that office on or before December 5, 1997. 
Copies of these petitions are available for inspection at that address.

    Dated: October 24, 1997.
Patricia W. Silvey,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 97-29189 Filed 11-3-97; 8:45 am]
BILLING CODE 4510-43-P